Montana Liquidation Agreement regarding Debtor's Collateral in Satisfaction of Indebtedness
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FAQ
The more typical situation is that the creditor repossesses the collateral and then either auctions it off (sale) or keeps it in satisfaction of the debt (strict foreclosure). In the former situation, the creditor may then proceed against the debtor for the deficiency.
Secured creditors, often a bank or mortgage company, have a legal right to reclaim the property, such as a car or home, used as collateral for a loan, often through a lien or repossession.
Creditor's rights can refer to many different aspects of creditor-debtor and creditor-creditor relations including a creditor's rights to place a lien on a debtor's property, garnish a debtor's wages, set aside a fraudulent conveyance, and contact the debtor and relatives.
Secured debt Debt backed by a mortgage, pledge of collateral, or other lien; debt for which the creditor has the right to pursue specific pledged property upon default.
The debtor must have some legal right in the collateral or ownership interest. This can be a present or future interest in the property. Sellers of durable goods (refrigerators, computers, etc) often extent credit on part or all of the purchase price of the goods.
